Case No. 02-B-48191 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
February 18, 2005
ORDER AUTHORIZING THE PAYMENT OF CERTAIN FEES IN CONNECTION WITH THE TENTH AMENDMENT TO THE CLUB DIP FACILITY
EUGENE WEDOFF, Bankruptcy Judge
Upon the motion (the “Motion”)[1] of the Debtors seeking entry of an Order authorizing the payment of certain fees in connection with the Tenth Amendment to the Club DIP Facility; and it appearing that the relief requested is in the best interest of the Debtors’ estates, their creditors and other parties in interest; and it appearing that this Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; and it appearing that this proceeding is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2); and it appearing that venue is proper in this District pursuant to 28 U.S.C. §§ 1408 and 1409; and it appearing that proper and adequate notice has been given under the circumstances and that no other or further notice is necessary; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED THAT:
1. The Motion is granted.
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2. The Debtors are authorized to pay the Tenth Amendment Fees in connection with the implementation of the Tenth Amendment to the Club DIP Facility, substantially in the form of Exhibit A
to the Motion.
3. To the extent necessary, the Debtors are authorized to enter into the Tenth Amendment to the Club DIP Facility, substantially in the form of Exhibit A to the Motion, including, without limitation, extending the Maturity Date to September 30, 2005.
4. The Debtors are authorized and empowered to take all actions necessary to implement the relief granted in this Order.
5. This Court shall retain jurisdiction to hear and determine all matters arising from the implementation of this Order.
6. Notwithstanding the possible applicability of Bankruptcy Rules 6006(d), 7062, 9014, or otherwise, the terms and conditions of this Order shall be immediately effective and enforceable upon its entry.
7. All time periods set forth in this Order shall be calculated in accordance with Bankruptcy Rule 9006(a).